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Birth Defect Litigation

Certain injuries are beyond the parents or their control. When these injuries require special treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to pay for future expenses. However, the law imposes strict deadlines when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries can still occur. If they're preventable families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point in the labor and delivery procedures. In addition medical professionals may be guilty of medical malpractice after the birth of a child, by failing to provide proper treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical malpractice. For infants this is sometimes extended. It is nevertheless important to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should consider the following qualities when selecting an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to numerous mental or physical issues. Some of them may even be fatal. Some of these issues may be caused by genetics while others are triggered by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of negligence when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they could also include any act or inability to act in excess of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens. This medication can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she submit an action.

It is crucial to select an attorney who is experienced in handling these kinds of cases. You should look for a firm that has years of experience in this field and is based on contingency, meaning that you won't be charged any fees until you win. Look for an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These disorders are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers about any risks. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate possible adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the risks of using certain drugs during pregnancy. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida, which is a birth defect in the fe.

Other substances that may cause birth defects include chemicals used in agriculture and manufacturing and heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that can harm their reproductive health and lead to birth defects.

If you decide to file lawsuits against the parties accountable for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills incurred because of the birth defect. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in the life of a woman. It's also a time where medical professionals make mistakes that cause birth defects. A top lawyer can help parents make a claim against those responsible for their child's disability and obtain the justice they deserve.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

In addition, manufacturers and those who prescribe prescription medications are required to inform consumers of the dangers. A large number of these drugs is marketed to women who are expecting without warnings of the potential for birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from parental exposure to toxic chemical like those used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.